Time: Wed Aug 20 07:57:23 1997
by primenet.com (8.8.5/8.8.5) with ESMTP id HAA02488;
Wed, 20 Aug 1997 07:57:35 -0700 (MST)
by usr02.primenet.com (8.8.5/8.8.5) with SMTP id HAA16643;
Wed, 20 Aug 1997 07:56:33 -0700 (MST)
Date: Wed, 20 Aug 1997 07:55:10 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: source of "trust" #62 found (fwd)
<snip>
>
>jcdh@juno.com
>August 15, 1997
>Puerto Rico Special fund (Internal Revenue)
>
>It has been pointed out that in 31 USC 1318, number 62 in the listing of
>trusts, is "Puerto Rico Special fund (Internal Revenue)." The specific
>act of Congress that created this trust has never been cited by anyone to
>my knowledge. Some have said that it dates back to around 1904-but no
>specific cite.
> I assume that others, like I, have looked in the Congressional statute
>books of 1904 and later, seeking the act that created this trust , and
>like me, have not found it . That it has not been found is evidenced by
>the usual statement that this trust dates back to around 1904. I believe
>this is as the Philippine trust is of this approximate date. They can be
>found so a trust fund that cannot be found, and has a similar form of
>name and character as the Phillippine trust, is given the same
>generalized date. The "Puerto Rico Special fund (Internal Revenue)"
>was created by an act in 1900, specifically the fifty-sixth Congress,
>Chapter 191 section 4. This section provides that duties and taxes
>collected in Puerto Rico be
>held as a separate fund from the general treasury. It also states that
>these funds will later revert to the government of Puerto Rico .
>The revised statutes, index volume, 1874-1931 lists funds held in the
>"Treasury of the United States". The "Puerto Rico Special fund (Internal
>Revenue)" is not listed . Note the wording "Held in the Treasury of the
>United States." It is not listed as it was not, in 1931, being held by
>The Treasury of the United States. It was a "government " fund, but not
>held by the Treasury AT THIS TIME.
>
>Chapter 756, June 26, 1934 says: [20(a)] "The funds appearing on the
>books of the government and listed in subsection b and c shall be
>classified on the books of the Treasury as trust funds." This Act did
>two things: 1) all Funds held by the government were assigned to the
>Treasury, and, 2) it changed the name of FUNDS to TRUSTS. The list
>of Treasury-held Trusts is on PPS. 1223-4, includes, as #62, Puerto Rico
>special fund (Internal Revenue). This 1934 Act trasferred the Puerto
>Rico special fund (Internal Revenue) from the category of a
>government-held
>fund to a Treasury-held trust.
>Note that it said they shall be "classified " as trust funds. The trust
>is a contract between the maker and the trustees, singular or plural.
>Saying that funds shall be classified as trusts does not make them into
>trusts. The last portion of Section 4 of the 1900 Act, provides that
>the moneys collected into this separate fund shall be later transferred
>into the Treasury of Puerto Rico. When all the funds were transferred,
>it left a fund with a zero balance. A trust normally goes out of
>existence when it has nothing to administer. This is a "trust" in name
>only. A fund with nothing to administer simply has a zero balance and
>may continue in existence as the Act forming it did not provide that it
>should go out of existance.
>
>It appears that his is how trust fund No. 62, Puerto Rico special fund
>(Internal Revenue) came to exist. No one has found an act specifically
>creating this trust, because it is only a fund that was renamed and
>transferred from "government" to "Treasury" control in 1934.
>
>Additional information and other interpretations of this information are
>invited. If you want photocopies of these documents, please let me know.
> I know that in certain definitions of title 27, Agents, etc. are " of
>Puerto Rico ", however I do not recall having seen any definitive
>information that shows that what we know as the IRS is, in fact, related
>to, or an operating front of trust fund No. 62, Puerto Rico special fund
>( Internal Revenue) If anyone has this information kindly let me know
>citations. Or where to look.
>.
>Rusty, please share with Eddie.
> jc
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
[This text formatted on-screen in Courier 11, non-proportional spacing.]